House of Assembly
Session 2017/2018
310 speeches
November 3, 2017
Official Hansard Report
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Chamber
House of Assembly
Date
Nov 3, 2017
Session
2017/2018
Transcript
View PDF
Speakers
22
Speeches
310
Debate Transcript
310 speeches from 22 speakers
The Speaker The Speaker
Members, before we take our seats, I would like for us to join in a moment of silence for the passing of one of our former long-serving Members, Mr. Reginald Burrows . For those who did not know, Mr. Burrows passed during the night, and I think it is fitting …
The Speaker The Speaker
Thank you, Members. [Gavel] CONFIRMATION OF MINUTES [Minutes of 20 October 2017]
The Speaker The Speaker
Members, you have received the Minutes from the 20 th of October. Any objections or amendments? No objections or amendments; t he Minutes have been confirmed. [Minutes of 20 October 2017 confirmed] MESSAGES FROM THE GOVERNOR
The Speaker The Speaker
There are none. ANNOUNCEMENTS BY THE SPEAKER OR MEMBER PRESIDING APOLOGIES
The Speaker The Speaker
Yes. First, I would like to announce that I received communications from two Members that they will be absent today. That is, MP Famous and MP Wayne Furbert have given notice of their absences to-day. PUBLIC ACCOUNTS COMMITTEE MEMBERSHIP
The Speaker The Speaker
[Second] , I should announce a change to the Public Accounts Committee membership. Now that Member Wayne Furbert is a Junior Minister he has been removed from the committee, and he will be replaced by MP Renee Ming. CONSTITUENCY BOUNDARIES COMMISSION REPORT 2017 AND 2018
The Speaker The Speaker
Third, Honourable Members, in accordance with the provisions of section 54(1) of the Bermuda Constitution Order 1968, the Constituency Boundaries Commission Report 2017 and 2018 has been submitted to the Office of the Legislature, and I now table this report in the House for the information of Honourable Members. Copies …
The Speaker The Speaker
There are none. PAPERS AND OTHER COMMUNICATIONS TO THE HOUSE
The Speaker The Speaker
There are two. I recognise Mr. Premier. CONTRIBUTORY PENSIONS (AMENDMENT OF BENEFITS AND CONTRIBUTIONS) ORDER 2017 Hon. E. David Burt: Good morning, Mr. Speaker. 456 3 November 2017 Official Hansard Report Bermuda House of Assembly Mr. Speaker, I have the honour to attach and submit for the consideration of the …
The Speaker The Speaker
Thank you, Mr. Premier. The second communication is from Minister Foggo. Minister Foggo, you have the floor. CODE OF PRACTICE F OR PROJECT MANAGEMENT AND PROCUREMENT Hon. Lovitta F. Foggo: Thank you, Mr. Speaker, and good morning, Members. Mr. Speaker, I have the honour to attach and submit for the …
The Speaker The Speaker
Thank you, Minister. PETITIONS
The Speaker The Speaker
There are none. STATEMENTS BY MINISTERS AND JUNIOR MINISTERS
The Speaker The Speaker
Mem bers, there is one this morning (for a change). Mr. Premier, I see you are the only one with a Statement this morning. Mr. Premier, you have the floor. BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND Hon. E. David Burt: Thank you very much, Mr. Speaker. …
The Speaker The Speaker
Thank you, Mr. Premier. No further Statements. REPORTS OF COMMITTEES
The Speaker The Speaker
We have one report, from the Standing Orders and Privileges Committee. A nd the Deputy Speaker will present that report. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. STANDING ORDERS AND PRIVILEGES COMMITTEE Hon. Derrick V. Burgess, Sr.: Honourable Members, I hereby present for the information of the Members …
The Speaker The Speaker
Thank you, Mr. Deputy Speaker. QUESTION PERIOD
The Speaker The Speaker
Members, we have four Members who have indicated that they have questions for the Premier in reference to his Statement on the 100 days. The first Member who has indicated that she would like to ask questions is the Honourable Opposition Leader. Honourabl e Opposition Leader, you have the floor. …
The Speaker The Speaker
Thank you, Member.
Mr. Premier.
Hon. E. David Burt premier
Thank you, Mr. Speaker. Mr. Speaker, in response to the Opposition Leader’s statement regarding the amount o f the $1 million . . . (Sorry.) The question she asked was, how much of the $1 million guarantee has been utilised? I think I understand the question of which she is …
The Speaker The Speaker
Thank you, Mr. Premier. Supplementary or new question? New question, yes. Continue on, Opposition Leader. QUESTION 2 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Speaker. Mr. Speaker, on page 5 of the Premier’s Statement, second paragraph, the Premier indicated …
The Speaker The Speaker
Thank you, Member. Mr. Premier? Hon. E. David Burt: Thank you very much, Mr . Speaker. Mr. Speaker, the Tax Reform Commission Act has been passed and has been assented to by the Governor. As the Opposition Leader knows full well in communications with which we have had, we are …
The Speaker The Speaker
Thank you, Premier. Supplementary or new question? Hon. Patricia J. Gordon-Pamplin: Supplementary.
The Speaker The Speaker
Supplementary. Yes. SUPPLEMENTARY Hon. Patricia J. Gordon-Pamplin: In light of the Premier’s response and the current status, would it not have been more correct in the Premier ’s Statement to indicate that progress has been made towards the for-mation of the Tax Reform Commission, that legislation has been passed? Because …
The Speaker The Speaker
Thank you. Hon. E. David Burt: Mr. Speaker, I will just . . . I am fine with the Statement as it is constructed.
The Speaker The Speaker
Any further questions, Member? Opposition Leader, any further questions from you? [Inaudible interjection]
The Speaker The Speaker
Okay. The next Member who indicated that he had questions on this Statement is the Honour-able Member from constituency 22. The Honourable Member Gibbons, you have the floor. QUESTION 1 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND
Hon. Dr. E. Grant Gibbons
Good morning, Mr. Speaker, and thank you. Mr. Speaker, my first question actually is . . . I think it is on page 1, the Premier refers to having “ successfully completed or significantly advanced twenty - one of the twenty -one 100-day pledges that we made to the people …
The Speaker The Speaker
Thank you, Member. Premier. Hon. E. David Burt: Certainly. Mr. Speaker, I am happy t o provide an answer for the Minister on that Statement regarding the 21 items. Sorry, the Honoura-ble Member, not the Minister. Out of the 21 items which were listed for completion, 14 of which are …
The Speaker The Speaker
Thank you. Further question, Member?
Hon. Dr. E. Grant Gibbons
Actually, it is a supplementary.
The Speaker The Speaker
Supplementary?
The Speaker The Speaker
Continue on. SUPPLEMENTARIES
Hon. Dr. E. Grant Gibbons
If I may. The Honourable Member refers to the revamped Ministerial Code of Conduct. Could the Honourable Member speak to what were the additional disclosure requirements that Minis-ters now have to provide? Hon. E. David Burt: Thank you, Mr. Speaker. Mr. Speaker, I do believe at our last sitting, the …
The Speaker The Speaker
Thank you. Supplementary or new question?
Hon. Dr. E. Grant Gibbons
Actually, supplementary.
The Speaker The Speaker
Supplementary? Go ahead.
Hon. Dr. E. Grant Gibbons
Yes. Will the Ministerial Code of Conduct be made public? I am not aware if it has or has not at this point.
The Speaker The Speaker
Premier. Hon. E. David Burt: Mr. Speaker, the Ministerial Code of Conduct is always public. And I am sure the Minister for the Cabinet Office will advise when that item will be up on the website. But if it is not there already, t hen it will certainly be placed …
The Speaker The Speaker
Thank you. New question?
Hon. Dr. E. Grant Gibbons
A new question; thank you, Mr. Speaker.
The Speaker The Speaker
Yes. Continue on. QUESTION 2 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND
Hon. Dr. E. Grant Gibbons
Yes. On page 3, the Honourable Member refers to the SCORE Report, or I should say a complementary report to the SCORE Report for public schools. Will this complementary report be released?
The Speaker The Speaker
Mr. Premier. [Crosstalk ]
The Speaker The Speaker
Premier, you have the floor. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I can confirm that that report will be released.
The Speaker The Speaker
Thank you. Supplementary?
Hon. Dr. E. Grant Gibbons
Yes, supplementary. Thank you, Mr. Speaker.
The Speaker The Speaker
Continue. SUPPLEMENTARIES
Hon. Dr. E. Grant Gibbons
Have the recommendations that have been made in the supplementary report been costed so far?
The Speaker The Speaker
Mr. Premier. Hon. E. David Burt: Mr. Speaker, I can confirm to the Honourable Minister [sic] that those things have not yet been costed.
The Speaker The Speaker
Thank you. Supplementary or new question?
Hon. Dr. E. Grant Gibbons
Supplementary, yes.
The Speaker The Speaker
Go ahead.
Hon. Dr. E. Grant Gibbons
Can the Honourable Member speak to when the additional recommendations that have been made will be completed?
The Speaker The Speaker
Premier. Hon. E. David Burt: Mr. Speaker, thank you. Though I wish that I could have a crystal ball to determine when all the various items inside of this comprehensive report will be completed, what I can assure the Honourable Member is that, in keeping with the transparency that this …
The Speaker The Speaker
Thank you, Premier. New questi on?
Hon. Dr. E. Grant Gibbons
New question. Yes.
The Speaker The Speaker
Yes. Continue, Honourable Member. QUESTION 3 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND
Hon. Dr. E. Grant Gibbons
Thank you. Thank you, Mr. Speaker. Yes. On page 7, the Honourable Premier speaks to a reference of the cyberattack on a global law firm with offices in Bermuda. Can the Honourable Member speak to the progress on the implementation of the Per-sonal Information Protection Act, which, as the Honourable …
The Speaker The Speaker
Thank you.
Mr. Premier.
Hon. E. David Burt premier
Thank you very much, Mr. Speaker. Mr. Speaker, I do believe the Honourable Member had asked a similar question of the Deputy Premier either at our last sitting or the sitting before last. But what I will tell the Honourable Minister [sic] is that that statement, that process, is continuing. …
The Speaker The Speaker
Thank you, Premier. Supplementary? Fur ther? No. Thank you. The other Member who has indicated that he has questions on this Statement is the Honourable Member from constituency 12. The Honourable Member Craig Cannonier, you have the floor.
Mr. L. Craig Cannonier
Thank you. Thank you, Mr. Speaker. [Inaudible interjections] [Laughter]
Mr. L. Craig Cannonier
Yes. Good to see you all. Nice to see everyone.
Some Hon. Members Some Hon. Members
Welcome back! Welcome back! [Laughter] QUESTION 1 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND
Mr. L. Craig Cannonier
Just a quick question, Mr. Speaker, of the Premier. On page 3, he mentioned that the East End primary schools, “ Purvis Primary and East End Primary Schools have commenced Wi- Fi installation . . .” I want to ask the question, Who is the Wi- Fi provider? And if …
The Speaker The Speaker
Thank you, Member. The Honourable Minister will answer. Minister, you have the floor. The Minister of Education has the floor . Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. I do not think I can answer this without clarifying what Wi-Fi means within the schools. I think there are …
The Speaker The Speaker
Thank you, Minister. Supplementary or further question? Supplementary. Continue on, Member. SUPPLEMENTARIES
Mr. L. Craig Cannonier
Supplementary. So, I can assume that the provider for the other schools is the same provider for Wi- Fi to East End, then?
The Speaker The Speaker
Minister. Hon. Diallo V. S. Rabain: Again, Mr. Speaker, there is no provider. There is access to the Internet that already currently exists within all of our schools. And we just need to put acc ess points to allow that service to be accessed wirelessly.
The Speaker The Speaker
Thank you, Minister. Supplementary? Bermuda House of Assembly Mr. L. Craig Cannonier: Supplementary, yes.
The Speaker The Speaker
Continue on, Member.
Mr. L. Craig Cannonier
Thank you, Mr. Speaker. So, who, then, is doing the installation?
The Speaker The Speaker
Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, that would be the Department of Education’s IT Department who is responsible for the installation. And they will employ whomever they need to assist with the install ation of the access points.
The Speaker The Speaker
Thank you, Minister. Further question? No more questions, Member? Supplementary?
Hon. Dr. E. Grant Gibbons
Supplementary. Yes, thank you, Mr. Speaker.
The Speaker The Speaker
Supplementary. The Honourable Member from constituency 22, Dr. Gibbons. SUPPLEMENTARY
Hon. Dr. E. Grant Gibbons
I think what we are trying to get a sense of from the Minister is, has a vendor been chosen by the department to do this installation? Is it the same vendor that has done the installation in some of the other schools? Thank you.
The Speaker The Speaker
Minister. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. There have been several vendors that the Department of Education works with, cabling vendors. And they will be the ones that will be utilised. So far, the overall cost of this installation throughout the schools is estimated to be about …
The Speaker The Speaker
Thank you, Minister. Supplementary? You used your two supplementaries. Yes. You have a new question? [Inaudible interjection] Hon. Patricia J. Gordon -Pamplin: I have a supplementary. I have a supplementary.
The Speaker The Speaker
Okay. Hold on. We will recognise the Opposition Leader. She has a supplementary to this. Honourable Member, you have the floor. SUPPLEMENTARIES Hon. Patricia J. Gordon-Pamplin: Thank you. The supplementary question to the Minister is . . . he has indicated “several vendors.” Can the Minister indicate who are the …
The Speaker The Speaker
Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, no.
The Speaker The Speaker
Further supplementary? Hon. Patricia J. Gordon-Pamplin: Yes.
The Speaker The Speaker
Opposition Leader, you have the floor. Hon. Patricia J. Gordon-Pamplin: Will the Honourable Minister commit to bringing that information to this Honourable House? Or is this something that is being hidden? [Inaudible interjections]
The Speaker The Speaker
Minister. Minister. Hon. Diallo V. S. Rabain: Mr. Speaker, the Honourable Member is asking us to reveal contracts that are made between private companies. I think that is out of the question to bring them here at this point.
An Hon. Member An Hon. Member
Why? It makes for full d isclosure Wow! [Crosstalk]
The Speaker The Speaker
Thank you. Any further questions on that? No further questions. Good. The final Member who indicated he had questions for this Statement is the Honourable Member from constituency 8. The Honourable Member, Mr. Cole Si-mons, you have the floor. QUESTION 1 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS …
Mr. N. H. Cole Simons
Thank you, Mr. Speaker. Mr. Speaker, during the first 100 days of the PLP Government we lost the Commissioner of Education and a senior Director of Education by the name of Dr. Matthews. This has an impact on the leadership of Education in this country. Can the Premier give us …
Mr. N. H. Cole Simons
Yes. Okay. I will tie it to the SCORE Report. Mr. Speaker, the Commissioner of Education was leading the charge in the delivery of the SCORE Report and of initiatives. Now that he is not here, and no comment is made by the Government in regard to the replacement of …
The Speaker The Speaker
Thank you. Premier. Hon. E. David Burt: Good morning. Thank you, Mr. Speaker. And I thank the Honourable Member for his question. If I may, on a couple of items . . . When it comes to dealing with education, what is key, Mr. Speaker, is that this Government will …
The Speaker The Speaker
Thank you, Mr. Premier. Supplementary or new question?
Mr. N. H. Cole Simons
Supplementary based on the Premier’s comments.
The Speaker The Speaker
Member, you have the floor. SUPPLEMENTARIES
Mr. N. H. Cole Simons
Mr. Speaker, I have heard what the Premier has said, and I acknowledge that the Department of Education, the Board of Education, is responsible for hiring and making recommendations on the appointment of the Commissioner of Education. There is no Commissioner of Education at this point in time, and we …
An Hon. Member An Hon. Member
No leader in the OBA? [Laughter]
The Speaker The Speaker
Mr. Premier or Minister? [Inaudible interjections] Hon. E. David Burt: Mr. Speaker, I have already answered the questions and the statements on this topic, and I am not going to comment on internal personnel matters.
The Speaker The Speaker
Thank you. New question or supplementary, Member?
Mr. N. H. Cole Simons
Supplementary.
The Speaker The Speaker
Okay. Your second supplementary.
Mr. N. H. Cole Simons
Who is providing current leadership in the Department of Education, given that we have no Commissioner of Education?
The Speaker The Speaker
You keep sort of waning away from the original Statement, Member. Your question keeps drifting. I brought you back on base with your first question, but this supplementary is taking you back off base. So I am going to save that for another time or a Statement that refers to …
Mr. N. H. Cole Simons
Yes, I do. Page 3, the SCORE Report. Can the Minister or the Premier give an update on what has been achieved in regard to the challenges summarised in the SCORE Report? Do we have a status report on ad-dressing those challenges?
The Speaker The Speaker
Thank you. Thank you, Member. Minister. Hon. Diall o V. S. Rabain: Mr. Speaker, considering that the SCORE Report was completed nearly two years ago, I am surprised the Minister of Education [sic] does not have any updates for us on the SCORE Report, because we certainly do not. Because …
The Speaker The Speaker
Thank you. Supplementary? SUPPLEMENTARY
Mr. N. H. Cole Simons
Yes, supplementary. Is there an ongoing inspection report by the Works and Engineering Department to ensure that our structures are sound and that adequate maintenance programmes are in place?
The Speaker The Speaker
Premier. Hon. E. David Burt: Thank you, Mr. Speaker. To answer the Honourable Member’s question, yes, it is continuously ongoing . . . the work. I think the Minister of Public Works and the Minister of Education have made it clear there are issues that continue to pre-sent themselves, as …
The Speaker The Speaker
Yes. I appreciate that. Hon. E. David Burt: —this Government will be guided by the principle of making sure that our students come first.
The Speaker The Speaker
Thank you, Mr. Premier. Supplementary? New question. Yes, you had two, so you have one left. You have one left. Hon. Patricia J. Gordon-Pamplin: Yes, sir.
The Speaker The Speaker
We recognise the Opposition Leader. Opposition Leader, you have your third question. QUESTION 3 : BERMUDA’S NEW GOVERNMENT — THE FIRST 100 DAYS AND BEYOND Hon. Patricia J. Gordon-Pamplin: Yes, a third question, Mr. Speaker; thank you. Mr. Speaker, on page 5, with respect to the Bermuda First Committee that …
The Speaker The Speaker
Premier. Hon. E. David Burt: Mr. Speaker, I thank the Opposition Leader for her question. The Government has reformed the Bermuda First Committee. Regarding what may have taken place prior, I cannot necessarily speak to that. I am happy to look into those matters. But given that I do not …
The Speaker The Speaker
Thank you. Supplementary? Hon. Patricia J. Gordon-Pamplin: Yes, just a supplementary for clarity.
The Speaker The Speaker
Sure. SUPPLEMENTARY Hon. Patricia J. Gordon -Pamplin: I just want to ensure that the monies that the Bermuda First —we heralded the reconstitution of the Bermuda First —will be accounting for the Bermuda First as previously existed, be made public so that people will be able to know exactly where …
The Speaker The Speaker
Thank you. Mr. Premier. 466 3 November 2017 Official Hansard Report Bermuda House of Assembly Hon. E. David Burt: I will try to repeat it again, Mr. Speaker. I cannot speak to what may have happened previously. I cannot. What I can speak to is that, if there are any …
The Speaker The Speaker
Thank you, Mr. Premier. Any further question? No supplementary? That brings us to a close of the Question Period. CONGRATU LATORY AND/OR OBITUARY SPEECHES
The Speaker The Speaker
I recognise the Deputy Premier. Deputy Premier, you have the floor. Hon. Walter H. Roban: Thank you, Mr. Speaker. I rise to give two condolences, one to the family of Rakai Augustus, who unfortunately passed due to a tragic accident in St. George’s. I perhaps would like to associate everyone …
The Speaker The Speaker
Mm-hmm, 1968, yes. Hon. Walter H. Roban: And we know the history of that year, the first election with constitutional government, where universal adult suffrage was realised. Mr. Bur-rows entered that year with an eminent class of new - generation politicians, including his colleague, the for-mer Speaker, Stanley Lowe.
The Speaker The Speaker
Yes. Hon. Walter H. Roban: What perhaps is also significant about that moment for Mr. B urrows is that, if you had the opportunity to speak with him, he told you the story around his journey as a young Bermudian, who I believe went to visit . . . was …
The Speaker The Speaker
Wilberforce, yes. Hon. Walter H. Roban: Wilberforce University in the United States, a known historical black institution, known for educating many a fine citizen of the world. Returning here to get involved with business. But the success of Parliament meant something very important, because, at least for him and his …
The Speaker The Speaker
1998, then he went into the — [Timer beeps] Hon. Walter H. Roban: If you can allow me a slight indulgence, Mr. Speaker, just a few moments.
The Speaker The Speaker
I am just going to let you finish on that point, being you are giving it to a former Member. Hon. Walter H. Roban: Right. But he was a Member who helped the PLP get through some of its hardest times, ups and downs, and helped us to get to …
The Speaker The Speaker
Thank you, Deputy. I now recognise the Opposition Leader. Madam Opposition Leader, you have the floor. Hon. Patricia J. Gordon-Pamplin: Thank you, Mr. Speaker. Mr. Speaker, few Members in this House, certainly since my time here, can lay claim to being able to be reaching across the aisle and commanding …
The Speaker The Speaker
Thank you. I now recognise the Deputy Speaker. Deputy Speaker, you have the floor. Hon. Derrick V. Burgess, Sr.: Thank you, Mr. Speaker. Mr. Speaker, I want to join in the tributes to the Honourable Sir R. B. Burrows. Mr. Speaker, Mr. Burrows served this country for over 40 years …
The Speaker The Speaker
Yes, yes. Hon. Derrick V. Burgess, Sr.: He was a quiet fellow, but full of jokes and laughter. And he would guide you, tell you anything. I know that Mr. Burrows was a practi-cal person, a common-sense person, one that would not stand up in this House and speak for …
The Speaker The Speaker
Yes. Mm -hmm. Hon. Derrick V. Burgess, Sr.: And I am certainly, certainly going to miss him, myself. Thank you, Mr. Speaker.
The Speaker The Speaker
Thank you, Mr. Deputy. I recognise the Honourable Member from constituency 8. Mr. Cole Simons, Honourable Member, you have the floor.
Mr. N. H. Cole Simons
Thank you, Mr. Speaker. Mr. Speaker, I would like to join in the comments in regard to the late Reggie Burrows. When I came to this House in 1998, one thing Reggie meant to me and the rest of the team —he was the storyteller. He was the historian of …
The Speaker The Speaker
Yes, yes.
Mr. N. H. Cole Simons
Any piece of legislation that went to the House, he translated that down to the people of this country. And he had the history of why decisions were made. Having said that, he and those from Dame Lois Browne-Evans . . . there were no better storytellers in regard to …
The Speaker The Speaker
Quite a nice banquet, was it not?
Mr. N. H. Cole Simons
Pardon me?
The Speaker The Speaker
I said, it was quite a nice banquet, wasn’t it? 468 3 November 2017 Official Hansard Report Bermuda House of Assembly Mr. N. H. Cole Simons: Very nice. I want to commend them for their 90 years of service and their contribution to education in this country. They have had …
The Speaker The Speaker
Thank you. I recognise the Honourable Member, Mr. Commissiong. Honourable Member Commissiong, you have the floor.
Mr. Rolfe Commissiong
Thank you, Mr. Speaker. Like many, I too am shocked by the news of Mr. Reggie Burrows’ passing. We had a little insight into the fact that he was not doing well of late. But, of course, when you reach that point of finality, it is always hard to accept, …
The Speaker The Speaker
Yes, yes.
Mr. Rolfe Commissiong
He was a major party stalwart. And as I talked earlier about Brother Reggie Burrows and that generation—and I associate all of the House here, and on this side especially —I just want to say you had people like Mr. Lightbourn who were in the trenches with them. These were …
The Speaker The Speaker
Thank you. I recognise the Honourable Member . . . [Inaudible interjections and laughter ]
The Speaker The Speaker
Yes, you are down in that corner. You get left out sometimes. But I recognise the Honourable Member from constituency 22. The Honourable Member Gibbons, you have the floor. I saw you that time.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Speaker. I figured sooner or later you would cat ch me out of the corner of your eye. Mr. Speaker, I would also like to join others in sending condolences to the family of the late Reginald Burrows. As Honourable Members have said, he was an extraordinary …
Hon. Dr. E. Grant Gibbons
And it was an important piece of legislation, the Private Members’ Bill, because it essentially led to the construction of the XL and the ACE buildings on the old Bermudiana site. Back in, I think it was 1996 or 1997, I was Minister of Finance at the time, exempt companies …
Hon. Dr. E. Grant Gibbons
A ticklish decision at the time; there were arguments on both sides. But it was Mr. Burrows who was chosen—the government was in favour, but it was Mr. Burrows who was chosen to take that Private Members’ Bill through the House, and as history will recall, there was absolutely no …
The Speaker The Speaker
Quickly done, yes.
Hon. Dr. E. Grant Gibbons
And everybody agreed with it.
The Speaker The Speaker
We should remember that with some other deals up around here, too. [Laughter]
The Speaker The Speaker
Yes. Quickly processed.
Hon. Dr. E. Grant Gibbons
There were some other Bills as well, but we will not go there, Mr. Speaker. But anyway, I just thought it would be useful, for those Members who did not know the history, to say that he was a great steward of that particular piece of legislation that, obviously, led …
The Speaker The Speaker
Thank you, Honourable Member. I recognise the Minister Foggo. Minister Foggo, you have the floor. Hon. Lovitta F. Foggo: Thank you, Mr. Speaker. Mr. Speaker, I would like to be associated with the remarks for Mr. Dilt on Lightbourn. He was the father of my constituent and a long-time employee …
The Speaker The Speaker
That is a seniors’ club! Hon. Lovitta F. Foggo: And it is definitely a seniors’ club. [Laughter] Hon. Lovitta F. Foggo: People like Artie Simmons, Calvin Smith, Walter Roberts —
The Speaker The Speaker
You got early entry! Hon. Lovitta F. Foggo: —and definitely the former Speaker, Mr. Stanley Lowe. Those are the main members of that club. And it was also Mr. Burrows. And I used to join them quite frequently. It was a way to get a free lunch, Mr. Speaker. [Laughter] …
The Speaker The Speaker
Thank you, Minister. I recognise the Honourable Member from constituency 32. Honourable Member Simmons, you have the floor.
Mr. Scott Simmons
Thank you, Mr. Speaker, and good morning. This morning, Mr. Speaker, I rise in this Honourable House and ask that condolences . . . certainly, I join my colleagues in associating myself t o the condolences. And I also recognise, and I mean certainly no deference to Government House or …
The Speaker The Speaker
Thank you. I recognise the Honourable Member from constituency 26. The Honourable Member Tyrrell, you have the floor.
Mr. Neville S. Tyrrell
Thank you very much, Mr. Speaker; good morning, everyone. Mr. Speaker, even though these condolences have already been spoken to, I could not let the moment pass without getting up to speak, first, connecting myself to the condolences to Reginald Bur rows. I had the privilege of sitting in another …
The Speaker The Speaker
No, not yet.
Mr. Neville S. Tyrrell
He was an activist, certainly not only in the party, but certainly in our neighbourhood, where he looked out for people. He was certainly known for his musical talents as well, because he played a musical saw.
The Speaker The Speaker
Yes, that is right.
Mr. Neville S. Tyrrell
And I think he was probably one of the first I saw doing that, and he seemed to be very accomplished in it. And I do believe that he . . . I do not know what year, but he certainly was a candidate for our party. I think he …
The Speaker The Speaker
Thank you, Member. I recognise the Honourable Minister for Education. Honourable Member, you have the floor. Hon. Diallo V. S. Rabain: Thank you, Mr. Speaker. Mr. Speaker, I would like this Honourable House to send letters of condolences to [the families of] two constituents of mine who passed this week. …
The Speaker The Speaker
Thank you, Member. I recognise the Honourable Member from constituency 1. Honourable Member Ming, you have the floor.
Mrs. Renee Ming
Good morning, Mr. Speaker. How are you this morning?
The Speaker The Speaker
Good morning.
Mrs. Renee Ming
I rise on a sad note today to give condolences to the family of, to me it was Mr. Brown , but Egmont Reginald Brown. I did not have the pleasure of sitting in his barber shop, as many did, for a haircut. But I did have the pleasure of, …
Some Hon. Members Some Hon. Members
Yes, yes.
Mrs. Renee Ming
And I want to make sure that I associate MP Kim Swan w ith these comments, because he did get haircuts in that barber shop. I also would like to be associated with the condolence notes for Ms. Audrey Smith. And just let Ange l, Envy, Chervonne, Adrene, and that …
Mrs. Renee Ming
And that he has maintained that over-3.0. Because if you know anything about mathematics, it is not easy. But he has struggled through it, and he has moved further to his goal of being able to teach mathematics to our males in Bermuda. Thank you, Mr. Speaker.
The Speaker The Speaker
Thank you, Member. I now recognise the Minister from constituency 33. Minister, you have the floor. Minister Simmons has the floor. Hon. Jamahl S. Simmons: Thank you very much, and good morning, Mr. Speaker. I would like to add my congratulations to Mr. Jari Ming, who I think at about …
The Speaker The Speaker
Yes. Hon. Jamahl S. Simmons: We all know —we all know the moment you put on that green, there is a bullseye on you. But this was a man who used to boast about, They could not pull my mortgage because they would not give me one. He drove a …
The Speaker The Speaker
Thank you, Minister. I now recognise the Honourable Member from constituency 2. Honourable Member Swan, you have the floor.
Mr. Hubert (Kim) E. Swan
Yes, good morning, Mr. Speaker. Mr. Speaker, I would like to associate myself with some of the condolences that have been made to Mr. Egmont Reggie Brown, MBE, to whom yesterday I had the pleasure, the honour, to present a tribute on behalf of the many men who have been …
The Speaker The Speaker
Thank you, Member. I now recognise the Honourable Member from constituency 30. Honourable Member Scott, you have the floor.
Ms. Leah K. Scott
Good morning, Mr. Speaker, and thank you. I would like to associate myself with the condolences for Reginald Burrows. Mr. Burrows’ sister -inlaw, Wynette Tucker , and my mother were very good friends. I have known the family for a very long time. And I offer condolences to his wife …
The Speaker The Speaker
Thank you, Member. I recognise the Government Whip, the Honourable Member, Mr. Weeks. Honourable Member Weeks, you have the floor.
Mr. Michael A. Weeks
Thank you, Mr. Speaker, and good morning to you. Mr. Speaker, as I rise and take to my feet today, I want to be associated with the remarks for young
Mr. Rakai Augustus.
The Speaker
Augustus. Yes.
Mr. Michael A. Weeks
I knew his father, the late Raymond Augustus, well. He was a good friend of mine. And his mom, Gina, and I were friends. We all went to school together. So, I would like to associate my remarks with Mr. Augustus and to his grandmother, who is one of my …
The Speaker The Speaker
Thank you, Honourable Member. Are there any other Members? I recognise the Honourable Minister from constituency 29. Honourable Minister De Silva, you have the floor. Hon. Zane J. S. De Silva: Thank you, Mr. Speaker. Mr. Speaker, much has been happening since we last met two weeks ago. And I …
The Speaker The Speaker
Nahki Wells.
Some Hon. Members Some Hon. Members
Nahki Wells. Hon. Zane J. S. De Silva: They have Bermuda football team . . . Nahki Wells, sorry. Yes. And of course, the great team of Burnley is going to do well with him being part of it. We had Jeff Pitcher and Glenn “Cleary” Pitcher, who were honoured …
The Speaker The Speaker
Yes. Yes. Hon. Zane J. S. De Silva: He was a plumber all of his life, well known up in the Southampton area, Mr. Speaker, and will be sorely missed. Bermuda House of Assembly Now, Mr. Speaker, Reggie Burrows, of course. Reggie was an MP for almost 40 years in …
The Speaker The Speaker
Yes. Hon. Zane J. S. De Silva: Very important. He was admitted to the Hall of Fame at the Wilberforce University, Mr. Speaker. He was honoured by Vernon Temple, his beloved church, recently, Mr. Speaker. Thank God we did it before he passed. And, Mr. Speaker, we talked about his …
The Speaker The Speaker
Thank you, Minister. I recognise the Premier. Premier, you have the floor. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I rise today to be associated with the condolences which have been giv en already. But before I do that, I would like to ask that …
The Speaker The Speaker
Thank you, Mr. Premier. No further speakers? We now move on. MATTERS OF PRIVILEGE
The Speaker The Speaker
There are none. PERSONAL EXPLANATIONS
The Speaker The Speaker
There are none. NOTICE OF MOTIONS FOR THE ADJOURNMENT OF THE HOUSE ON MATTERS OF URGENT PUBLIC IMPORTANCE 474 3 November 2017 Official Hansard Report Bermuda House of Assembly The Speaker: There are none. INTRODUCTION OF BILLS GOVERNMENT BILLS
The Speaker The Speaker
I am going to ask the indulgence of the House for an introduction of a Government Bill that did not make it onto the Order Paper. So, with the indul-gence of the House, Minister De Silva. FIRST READING PUBLIC HOLIDAYS AMENDMENT ACT 2017 Hon. Zane J. S. De Silva: Thank …
The Speaker The Speaker
Thank you, Minister. OPPOSITION BILLS
The Speaker The Speaker
There are none. PRIVATE MEMBERS’ BILLS
The Speaker The Speaker
There are none. NOTICES OF MOTIONS
The Speaker The Speaker
Yes, we have one notice of a Motion from the Government Whip. Honourable Member Weeks, you have the floor. STANDING ORDERS AND PRIVILEGES COMMIT TEE REPORT 3 NOVEMBER 2017 MOTION TO APPROVE
Mr. Michael A. Weeks
Thank you, Mr. Speaker. Mr. Speaker, I give notice that I propose to move the following Motion at the next day of meeting: That this Honourable House approve the Report of the Standing Orders and Privileges Committee, dated the 3rd of November 2017.
The Speaker The Speaker
Thank you, Honourable Whip. ORDERS OF THE DAY
The Speaker The Speaker
We have one Order to discuss this morning. Premier? We will be led by the Honourable Member Jamahl Simmons. Minister, you have the floor. Hon. Jamahl S. Simmons: Thank you, Mr. Speaker. I move that the Bill entitled the Companies and Limited Liability Company (Beneficial Ownership) Amendment Act 2017 be …
The Speaker The Speaker
Go ahead, Minister. BILL SECOND READING COMPANIES AND LIMITED LIABILITY COMPANY (BENEFICIAL OWNERSHIP) AMENDMENT ACT 2017 Hon. Jamahl S. Simmons: Mr. Speaker, on the 20th of October 2017, the Companies and Limited Liability Company (Beneficial Ownership) Amendment Act 2017 was tabled in this Honourable House. I rise today to present …
The Speaker The Speaker
Thank you, Minister. Does any other Member wish to speak? 476 3 November 2017 Official Hansard Report Bermuda House of Assembly I recognise the Honourable Member from constituency 22. The Honourable Member Gibbons, you have the floor.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Speaker. Mr. Speaker, first of all, let me start by saying that I appreciate the brief from the Minister, at least his reading of the brief. I think that it helps to put the piece of legislation in perspective. He mentioned consultation. Indeed, there certainly was consultation. …
The Speaker The Speaker
Mm-hmm. Mm -hmm.
Hon. Dr. E. Grant Gibbons
And even as far back as the 1990s, I can remember when I was Minister of Finance, actual company consents were still coming to the Minister of Finance at that time and were individu-ally signed-off on. Obviously, that has changed over the years in an effor t to be, shall …
The Speaker The Speaker
Thank you. Does any other Member wish to speak? I recognise the Honourable Minister from constituency 34. Honourable Minister Wilson, you have the floor. Hon. Kim N. Wilson: Thank you, Mr. Speaker. Mr. Speaker, I would like to join in on this debate on this very important piece of legislation …
The Speaker The Speaker
Thank you, Honourable Minister. 480 3 November 2017 Official Hansard Report Bermuda House of Assembly Before I recognise any other Member, I would just like to acknowledge the fact that one of our former Members is in the Gallery. I recognise the Honourable former Member, Mr. Lionel Simmons. Welcome to …
The Speaker The Speaker
Now, does any other Member wish to speak? I recognise the Honourable Member from constituency 30. Honourable Member Scott, you have the floor.
Ms. Leah K. Scott
Thank you, Mr. Speaker. I would like to thank both of my colleagues for expounding further on this legislation. I would like to declare my interest. First, I am the President of BALT, the Bermuda Association of Licensed Trustees; I am a member of STEP, the Society of Trust Estate …
An Hon. Member An Hon. Member
Nefarious.
Ms. Leah K. Scott
Nefarious, yes, thank you. —nefarious reasons. So we want to be sure that our clients are protected. We want to be sure that our jurisdiction is protected. And so, we want to be regulated in a way that is fair and efficient. We want to maintain our compe titive edge. …
The Speaker The Speaker
None of that.
Ms. Leah K. Scott
You know, we are required to keep our records three months up to date. We have had bank accounts frozen because you have not provided your passport, or you have not provided a utility bill, or your utility bill is out of date, or you have moved and you Bermuda …
The Speaker The Speaker
Thank you, Member. Does any other Member wish to speak? I recognise the Premier. Premier, you have the floor. Hon. E. David Burt: Thank you very much, Mr. Speaker. Mr. Speaker, I want to rise today to commend the sterling work of the technical team which is responsible for advancing …
The Speaker The Speaker
Members in the Gallery! You can be asked to leave if you do that again. You will be asked to leave. [When present you are] to remain quiet and not participate in anything that takes place inside of these Chambers. Thank you. Hon. E. David Burt: So, with that, Mr. …
The Speaker The Speaker
Thank you, Mr. Premier. With that, Minister, would you like to wrap up? Hon. Jamahl S. Simmons: Thank you, Mr. Speaker. Mr. Speaker, just to address some of the questions that were raised during the debate, we anticipate that the Bermuda Monetary Authority will be working closely with the corporate …
The Speaker The Speaker
Okay. Mr. Deputy Speaker. House in Committee at 12:22 pm [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL COMPANIES AND LIMITED LIABILITY COMPANY (BENEFICIAL OWNERSHIP) AMENDMENT ACT 2017
The Chairman Chairman
Honourable Members, we are now in Committee of the whole [House] for further consideration of the Bill entitled Companies and Limited Liability Company (Beneficial Ownership) Amendment Act 2017 . Minister, you have the floor. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman, Mr. Deputy Speaker. I would like to move …
The Chairman Chairman
You may. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Mr. Chairman, clause 1 provides that this Bill should be cited as the Companies and Limited Liability Company (Beneficial Ownership) Amendment Act 2017. Clauses 2 through 8 provide for amendments to the Companies Act 1981. Clause 2 amends section 2 …
The Chairman Chairman
Thank you, Minister. Any further speakers? The Chair recognises the Honourable Member, Leah Scott.
Ms. Leah K. Scott
Thank you, Mr. Chairman. I would like to thank the Minister and the technical officers for accepting an amendment to the meaning of “beneficial owner” under section 98E —
The Chairman Chairman
One second, Honourable Member. Are you going to be long?
Ms. Leah K. Scott
Probably. So we should probably . . .
The Chairman Chairman
Yes. I am suggesting that we adjourn until after lunch.
Ms. Leah K. Scott
Sure. Sure.
The Chairman Chairman
Deputy Premier. Hon. Walter H. Roban: Mr. Chairman, I do ask that we adjourn for lunch.
The Chairman Chairman
The House is now adjourned until two o’clock. Proceedings suspended at 12:28 pm Proceedings resumed at 2:00 p m [Hon. Derrick V. Burgess, Sr., Chairman] COMMITTEE ON BILL COMPANIES AND LIMITED LIABILITY COMPANY (BENEFICIAL OWNERSHIP) AMENDMENT ACT 2017 [Continuation of Committee thereon]
The Chairman Chairman
Honourable Member , Ms. Scott.
Ms. Leah K. Scott
Thank you, Mr. Chairman , good afternoon. First of all, again, I would like to repeat, thank you to the Minister and to the technical staff for accepting quite a few of the suggestions and amendments that were put forward in respect of the legislation. I would like to address, …
The Chairman Chairman
That is all right. Hon. Jamahl S. Simmons: As mentioned earlier in my brief, we actually will be doing a consultative process — 484 3 November 2017 Official Hansard Report Bermuda House of Assembly the BMA with the corporate service providers —to ensure that the guidance is there. There will …
The Chairman Chairman
Madam Scott, you can go ahead.
Ms. Leah K. Scott
Thank you. Minister, in addition to that, I just thank you for confirming that there will be consultat ion when those guidance notes are issued. And I understand the dilemma with the timeline in terms of having us be able to research the legislation this go-round, but I would ask …
The Chairman Chairman
Any further speakers? Honourable Member Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Chairman. I am on page 4, [section] 98E and it is [section] 98E(1)(a ) which is part of the definition of “beneficial owner.” I am just curious. I just want . . . I think it would be useful to get some confirmation, but the definition of …
The Chairman Chairman
Minister, would you like to respond? Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Yes, that is actually under consideration at this time. Thank you.
The Chairman Chairman
Continue.
Hon. Dr. E. Grant Gibbons
Sorry, Mr. Chairman. What is under consideration? The BMA moving to a 25 per cent threshold. or the BMA looking at moving this to a 10 [per cent threshold]?
The Chairman Chairman
Minister? Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Actually, the BMA is actually . . . this relates to the exchange control provisions, and at the moment . . . (I actually have somebody who writes worse than me) but they are actually considering evaluating the whole process to …
The Chairman Chairman
Honourable Member Leah Scott?
Ms. Leah K. Scott
Thank you, Mr. Chairman. And if I could beg your indulgence, some of my queries are kind of lengthy, so do you mind if I read?
The Chairman Chairman
Go ahead.
Ms. Leah K. Scott
Okay, thank you.
The Chairman Chairman
Go ahead.
Ms. Leah K. Scott
Section 98G, as currently drafted, states that notice is required to be given to beneficial owners and/or registerable persons. The recipient is re-quired within 30 days to provide the requested information. [Inaudible interjection]
Ms. Leah K. Scott
That is okay. Do you want me to start again? Hon. Jamahl S. Simmons: Please.
Ms. Leah K. Scott
Okay. Section 98G, as currently drafted, states that notice is required to be given to beneficial owners and/or registerable persons. The recipient is requi red within 30 days to provide the requested information. Section 98I(8) also states that the register should not be updated until the minimum required in-formation has …
The Chairman Chairman
Minister? Hon. Jamahl S. Simmons: Thank you. I think the Honourable Member understands the difficult balancing act in terms of meeting our international requirements as well as being a jurisdicti on that is business friendly. And I think that we are open to considering anything that will continue to help …
The Chairman Chairman
Any further speakers? The Honourable Member Gibbons.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Cha irman . I am moving to page 6, [section] 98H. And [section] 98H(2) defines the minimum information that is required for the beneficial ownership register and proceeds through a series of things like the full name, na-tionality, date of birth, and that sort of thing. It …
The Chairman Chairman
Minister? Hon. Jamahl S. Simmons: Just from consulting my technical officers, the information must be retained for five years in accordance with OECD requirements and we may allow for that in the guidance.
The Chairman Chairman
The Honourable Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Yes, thank you. I guess that is not really getting at the question I am asking. Let us suppose you have an existing company, and the existing company comes in under the transition period (which we wil l get to later in the clauses) where the existing company has to …
The Chairman Chairman
Honourable Minister Simmons. Hon. Jamahl S. Simmons: If the Honourable Member will allow, I am j ust going to consult with my technical officers and I will get an answer for you shortly. [Pause]
The Chairman Chairman
Yes, Honourable Minister, carry on. Hon. Jamahl S. Simmons: Thank you for your indulgence, Mr. Chairman. Yes, the . . . this is interesting. Okay, well, the information must be retained for five years. But we are also relying on the very extensive records held by the Registrar of Companies …
The Chairman Chairman
Honourable Member Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Yes, thank you, Mr. Chai rman. I get the point about winding up a company or a company that goes into dissolution or is struck -off. I 486 3 November 2017 Official Hansard Report Bermuda House of Assembly mean, there is a requirement there for the information to be kept …
The Chairman Chairman
Minister, just one second. Honourable Member Scott.
Ms. Leah K. Scott
Could I just interject if I may? Would you consider having the register reflecting the persons at the current date? You are correct that there is data kept by the BMA and the Registrar of Companies in terms of ultimate beneficial owners; how-ever, with the BMA exempted companies are required …
The Chairman Chairman
Minister Simmons? Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Yes, it is actually . . . I just consulted my technical officers. Companies will not have to look back when they register; it is only current from when they are created. They will not have to look back and …
The Chairman Chairman
Any further speakers? The Chair recognises the Honourable Member Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Chairman. And I thank the Minister. That was the answer I was looking forward to because otherwise it is additional paperwork and an additional burden on compa-nies having to go back and try to figure out . . . particularly those where shares are changing fairly frequently. …
The Chairman Chairman
Minister? Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. Thank you for that question. We will not require ownership information for publicly listed companies.
The Chairman Chairman
Any further speakers? The Chair recognises the Honourable Member
Ms. Scott.
Ms. Leah K. Scott
Just in keeping with that line of questioning, if y ou have a trust that has a class of beneficiaries, is it intended for the beneficiaries in that class Bermuda House of Assembly to be reported? Because if you have a discretionary trust, the beneficiaries of that class get a …
The Chairman Chairman
Minister Simmons. Hon. Jamahl S. Simmons: The Ministry is actually still in consultation looking for guidance—specific guidance—on the issue of trusts.
The Chairman Chairman
Thank you. Any further speakers? The Honourable Member Leah Scott.
Ms. Leah K. Scott
Thank you, Mr. Chairman. I would like to go to section 98K, rectification of the beneficial ownership register. And I would like to . . . the original wording states, “an application for a production order under this section may be made ex parte to a judge in Chambers and …
The Chairman Chairman
Honourable Minister Simmons. Hon. Jamahl S. Simmons: We will take that under advisement. The C hairman: Okay. Any further speakers? Honourable Member Leah Scott.
Ms. Leah K. Scott
I would like to address section 98O(3).
The Chairman Chairman
Mm-hmm.
Ms. Leah K. Scott
“Where an offence under subsection (1) committed by a body corporate is proved to have been committed with the consent or connivance of an officer of the body corporate, the officer as well as the body corporate commits the offence and shall be liable to be proceeded against and punished …
The Chairman Chairman
Honourable Minister. Hon. Jamahl S. Simmons: We will definitely consider that. That approach is actually consistent with the one taken in the Companies Act for similar issues, so we will take that under advisement as well.
The Chairman Chairman
Any further speakers? The Honourable Member Leah Scott.
Ms. Leah K. Scott
Thank you, Mr. Chairman. [Section] 98Q Privileged information, it is page 13 in my . . . okay. Would consideration be given to deleting [section] 98Q in its entirety and the following wording be inserted: A person shall not be required under this Part to provide or produce information (a) …
The Chairman Chairman
Member, are you presenting an amendment?
Ms. Leah K. Scott
No, I am just asking the question. Would they be . . . in their review would they consider one of these as a change?
The Chairman Chairman
Continue.
Ms. Leah K. Scott
A person shall not be required under this Part to provide or produce information (a) in respect of which a claim to legal or professional privilege could be maintained in legal proceedings; or (b) that the person is prohibited by any law applicable in Bermuda from disclosing. So, we would …
The Chairman Chairman
Honourable Minister. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. The Ministry looked at the proposed change to [section] 98Q in the feedback and elected not to make the change at this time. But we will consider that, as well as your request about [section] 98R, as we go for-ward.
The Chairman Chairman
Any further speakers? The Chair recogn ises the Honourable Member Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Chairman. Yes, just going back to [section] 98R here which essentially carves out any PATI requests. This is, obviously, a pretty sensitive area, and all [section] 98R does is essentially say that if there is a PATI re-quest then it can be declined under the basis of …
The Chairman Chairman
Honourable Mini ster Jamahl Simmons. Hon. Jamahl S. Simmons: I think that the Honourable Member will be aware that the information held by the BMA is not currently available to the public, and we are committed to maintaining that balance as we go forward.
The Chairman Chairman
Thank you. Any further speakers? There appear to be none. Minister, do you want to move those clauses? Hon. Jamahl S. Simmons: The next ones, okay. I would like to move clauses 5 and 6, please, Mr. Chairman. [Inaudible interjection] Hon. Jamahl S. Simmons: I am sorry, may I move …
The Chairman Chairman
Yes. Any objections? There appear to be no objections. The clauses are approved. [Motion carried: Clauses 1 through 4 passed. ] Hon. Jamahl S. Simmons: Okay. I would like to move clauses 5 through 15.
The Chairman Chairman
Mm-hmm. Hon. Jamahl S. Simmons: Mr. Chairman, clauses 5 and 6 amend sections 255 and 261 of the Companies Act, respectively, to require retention of beneficial ownership information for five years following dissolution or strike off from the Register of any company, as the case may be. Clause 7 inserts …
The Chairman Chairman
Any speakers? The Chair recognises the Honourable Member Leah Scott.
Ms. Leah K. Scott
Thank you, Mr. Chairman. I am not going to go through the LLC Act clause by clause, but we would ask that the corresponding amendment be made in this legislation as we have asked for in the Companies Act, where applicable.
The Chairman Chairman
Minister. Hon. Jamahl S. Simmons: Thank you. And I appreciate the positive contribution and ideas coming from the Opposition. At this time I would like to move an amendment to clause 15.
An Hon. Member An Hon. Member
Do you want to do [clauses] 5 through 14 first? Hon. Jamahl S. Simmons: I am being told I need to go through 15 then I can amend it. So I will do that. [Inaudible interjection] Hon. Jamahl S. Simmons: Yes. Clause 15 amends section 257 of the LLC Act …
The Chairman Chairman
The Chair recognises the Honourable Member Leah Scott. 490 3 November 2017 Official Hansard Report Bermuda House of Assembly Ms. Leah K. Scott: I am going to be a lawy er here and say that I cannot make a decision in a vacuum. Not that it makes any difference with …
The Chairman Chairman
Minister, are you going to respond to that? [Pause] Hon. Jamahl S. Simmons: Mr. Chairman , just for the information of the House, these amendments make requirements for notifying the BMA of appointments or changes in general partner that are consistent with the filing for companies and LLCs.
The Chairman Chairman
Okay. The Chair recognises the Honourable Member Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Chairman. Mr. Chairman, I appreciate the Minister’s comment, but I think I would like to underscore the point made by my colleague. It would have been helpful to perhaps have these amendments before lunch. I do not think they were done over lunch, but I may be …
The Chairman Chairman
Honourable Minister, your response? Hon. Jamahl S. Simmons: I am not unsympathetic to the pl ight being experienced by the Opposition. I am quite familiar with it myself . . . recently. But, no, I take your point and I appreciate those comments as well. So, with that, I would …
The Chairman Chairman
I think you have got to move the amendment first. Hon. Jamahl S. Simmons: I am sorry. I would like to move the amendment to [insert the new clauses 15A and 15B into] the Bill following clause 15.
The Chairman Chairman
Any objections to the amendment? There appear to be none. [Moti on carried: New clauses 15A and 15B passed.] Hon. Jamahl S. Simmons: I would like to move clauses 5 through 15, as amended.
The Chairman Chairman
Any objections to clauses 5 through 15 being approved? There appear to be none. [Motion carried: Clauses 5 through 15 passed. New clauses 15A and 15B passed.] Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. I would like to move clauses 16 through 21.
The Chairman Chairman
Continue. Hon. Jamahl S. Simmons: Clauses 16 and 17 provide for amendment of the Corporate Service Provider Business (Beneficial Ownership) Regulations 2017 and the Exchange Control Amendment Regulations 2017 in consequence of the enactment of the new Part VIA of the Companies Act and Part 7A of the LLC Act. …
The Chairman Chairman
Any speakers to these clauses? The Chair recognises the Honourable Member Leah Scott.
Ms. Leah K. Scott
It is not in relation to these clauses, but I have a general question in relation to t he Act. In terms of the five- year record retention period, is that in line with all existing legislation with regard to record retention? And I should know what that legis-lation is, …
The Chairman Chairman
Minister, do you want to respond? Hon. Jamahl S. Simmons: The five years actually is consistent in the period. Bermuda House of Assembly The Chairman: Any further questions? The Chair recognises the Honourable Member Grant Gibbons.
Hon. Dr. E. Grant Gibbons
Thank you, Mr. Chairma n. Clause 19. Before lunch I raised a question as to whether this was a typo or needed amendment. It is the last sentence there . . . well, actually, it is the last line. It says: “The Minister may by order subject to the negative …
The Chairman Chairman
Honourable Minister Simmons. [Pause]
The Chairman Chairman
The Minister is just conferring with his technical people. [Pause]
The Chairman Chairman
Continue, Minister. Hon. Jamahl S. Simmons: Thank you, Mr. Chairman. I am told by the officers this will be a CARLA amendment, so it will be corrected in the system before it goes to the Senate for debate.
The Chairman Chairman
Any further speakers? The Honourable Member Gibbons.
Hon. Dr. E. Grant Gibbons
Sorry, I missed that. Sorry, so it is considered to be a typographical error, an omission basically? Okay, fair enough. Mr. Chairman, while I am on my feet, over the page, on page 30, under clause 20(2) I just wanted to get a little more clarity in terms of this …
The Chairman Chairman
The Chair recognises the Honourable Member Leah Scott. [Crosstalk]
Ms. Leah K. Scott
Thank you, Mr. Chairman. Just to kind of underscore my colleague’s point, the 1 st of January is . . . we have got Christmas in between and people kind of start shutting down as of the 8th of December and, again, in terms of getting the notice out to …
Ms. Leah K. Scott
Well, six more months. Thank you.
The Chairman Chairman
The Chair recognises the Honourable Minister Jamahl Simmons. Hon. Jamahl S. Simmons: I think the clause 21 will deal with that to a certain extent. The Act comes into operation the day the Minister responsible for the Registrar of Companies made by notice in the Gazette appoints. And I think …
The Chairman Chairman
Any further speakers? Minister, do you want to move those clauses? Hon. Jamahl S. Simmons: I move that clauses 16 through 21 be appr oved.
The Chairman Chairman
Any objections to that? There appear to be none. [Motion carried: Clauses 16 through 21 passed.]
The Chairman Chairman
Do you want to move the Preamble? Hon. Jamahl S. Simmons: Yes, sir. Give me one second here. I move that the Preamble be approved, Mr. Chairman.
The Chairman Chairman
Any objections? There appear to be none. Hon. Jamahl S. Simmons: I now move that the Bill be reported to the House as amended. 492 3 November 2017 Official Hansard Report Bermuda House of Assembly The Chairman: Any objections? There appear to be none. The Bill will be reported to …
The Speaker The Speaker
Good afternoon, Members. The Bill entitled the Companies and Limited Liability Company (Beneficial Ownership) Amendment Act 2017 has been reported back to the House. Are there any objections? No objections. It has been received. Thank you. That brings us to the third reading. Minister, that brings us to the third …
The Speaker The Speaker
Go ahead, Minister. [Motion carried: Standing Order 21 suspended.] BILL THIRD READING COMPANIES AND LIMITED LIABILITY COMPANY (BENEFICIAL OWNERSHIP) AMENDMENT ACT 2017 Hon. Jamahl S. Simmons: I move that the Bill be now read a third time by its title only and passed.
The Speaker The Speaker
No objections to that? The Bill has now passed. [Motion carried: The Companies and Limited Liability Company (Beneficial Ownership) Amendment Act 2017 was read a third time and passed.]
The Speaker The Speaker
And that brings us to the conclusion of the Orders of the Day. There is no other business. We need a Minister to stand and just . . . ADJOURNMENT Hon. Jamahl S. Simmons: I move that the House do now adjourn until Friday next.
The Speaker The Speaker
Thank you. [Gavel] [At 2:43 pm, the House stood adjourned until 10:00 am, Friday, 10 November 2017.]